In Ontario, landlords are not held to a standard of absolute perfection. Under the Occupiers’ Liability Act, they are judged on “reasonableness.” If a tenant slips on ice during or immediately after a storm, the landlord may not be liable if they had a reasonable snow removal system in place that simply had not reached the property yet.
Surviving a harsh Canadian winter in cities like Ottawa, Sudbury, or Toronto requires constant vigilance against snow and ice. For tenants renting apartments, walking to the parking lot or down the front steps after a freezing rainstorm can be incredibly treacherous. When a slip and fall occurs, tenants frequently suffer severe injuries like broken wrists or concussions, leading them to assume their landlord is automatically at fault for not clearing the ice fast enough.
However, Ontario law heavily balances the rights of injured tenants with the practical realities of property management. ⚠ The Occupiers’ Liability Act dictates that landlords must take “reasonable care” to ensure people are safe on their property. This means if a landlord has hired a reputable snowplow company and they are actively working through a massive blizzard, a judge may find the landlord acted reasonably, even if your specific walkway was not cleared at the exact moment you fell.
Step-by-Step Process for Handling an Icy Slip and Fall Claim in Ontario
If you are injured on a rental property due to unplowed snow or black ice, you must act incredibly fast. Recent changes to Ontario law have created strict timelines for reporting these specific types of accidents, and failing to follow the process can ruin your chances of receiving compensation.
Step 1: Seek Medical Attention and Document the Scene
Your health is always the primary concern, so visit a local hospital or clinic immediately after the fall. 📸 Before you leave the scene, or as soon as possible, have someone take clear photographs or videos of the exact patch of ice where you slipped. You must document the weather conditions, the lack of salt or sand, and any missing downspouts that may have caused water to pool and freeze. Without visual evidence, slip and fall cases become a highly difficult battle of “he-said, she-said.”
Step 2: Serve the Mandatory 60-Day Written Notice
This is the most critical legal step in Ontario. Under the Occupiers’ Liability Act, if your injury is caused by snow or ice, you must provide written notice to the landlord (and any snow removal contractor) within exactly 60 days of the accident. This notice must include the date, time, and location of the fall. If you miss this 60-day window, you are generally barred from ever suing the landlord for your injuries.
Step 3: Evaluate the Landlord’s Snow Removal “System”
Your personal injury lawyer will then investigate the landlord’s maintenance protocols. 📋 To win a lawsuit, you must prove the landlord was negligent. Your legal team will request the snow removal logs, salting records, and the contract with the plow company. If the landlord can prove they actively monitored the weather, applied salt regularly, and the plow was delayed purely due to extreme city-wide conditions, they may successfully mount a “reasonable care” defence.
Step 4: Pursue a Settlement or File a Lawsuit
If the evidence shows the landlord ignored complaints, failed to hire a plow service, or allowed an icy hazard to sit for days, you may have a strong case. Your lawyer will typically attempt to negotiate a settlement directly with the landlord’s commercial liability insurance provider. If the insurer refuses to offer a fair amount for your lost wages and pain, your lawyer will file a formal Statement of Claim at the Superior Court of Justice.
How Much Does it Cost in Ontario?
Pursuing a personal injury claim does not usually require upfront cash from the tenant. 💰 Here are the typical financial arrangements in Ontario as of May 2026:
- Contingency Fees: Most Ontario personal injury lawyers work on a contingency basis, meaning they take 25% to 33% of your final settlement, and you pay nothing if you lose.
- Court Filing Fees: Filing a Statement of Claim in the Superior Court of Justice costs $243 CAD, which your lawyer typically advances for you.
- Medical Records: Requesting official hospital charts and doctor’s reports to prove your injuries can cost between $50 CAD and $200 CAD.
- Potential Settlements: Depending on the severity of the broken bones or missed work, successful snow and ice claims often settle anywhere from $30,000 CAD to $150,000+ CAD.
How Long Does the Process Take?
Personal injury litigation is notoriously slow. While you must serve the written notice within 60 days, the actual lawsuit process takes much longer. Investigating the snowplow logs and waiting for your injuries to stabilize (known as reaching Maximum Medical Recovery) usually takes 12 to 18 months. If your case cannot be settled through mediation and requires a full trial, you can expect the process to take 2 to 4 years.
Reasonable vs. Unreasonable Landlord Behaviour
| Scenario | Likely Court Finding | Reasoning |
|---|---|---|
| Ice left for 3 days after a storm | Unreasonable (Negligent) | Landlord had ample time to clear the hazard but failed to act. |
| Slip during an active freezing rainstorm | Reasonable (Not Liable) | It is impossible to keep outdoor surfaces perfectly ice-free while the storm is actively falling. |
| Broken eavestrough leaking onto walkway | Unreasonable (Negligent) | Landlord ignored a known structural defect that created a constant, artificial ice hazard. |
Frequently Asked Questions (FAQ)
Can a landlord force me to shovel the driveway?
Under the Residential Tenancies Act, the landlord is solely responsible for exterior maintenance, including snow removal. They cannot hide a clause in your lease forcing you to shovel. The only exception is if they sign a completely separate, paid contract with you to act as their property manager for snow removal.
What if I was wearing improper footwear, like running shoes?
Ontario courts apply “contributory negligence.” If you slip on ice in February while wearing smooth-soled running shoes, the judge may find you partially at fault. For example, they might decide you are 25% responsible, which reduces your final compensation payout by 25%.
Does the 60-day notice rule apply to municipal sidewalks?
If you fall on a city-owned sidewalk rather than the landlord’s private walkway, the rules are even stricter. Under the Municipal Act, you must give written notice to the city clerk within just 10 days of the accident, and proving gross negligence against a municipality is extremely difficult.
Can I apply to the Landlord and Tenant Board instead of suing?
Yes, you can file a T6 Application at the LTB for the landlord’s failure to maintain the property. The LTB can order a rent abatement and out-of-pocket expenses, but they generally award much lower amounts for pain and suffering compared to a personal injury lawsuit in civil court.
Leave a Reply